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Introduction To Labour Law Notes

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1. Sources and History Introduction Labour law: the scope and nature of the subject Labour law as a discipline Defined by subject matter and intellectual tradition. Rules which govern the employment relationship. Broader - normative framework for the existence and operation of all the institutions of the labour market: the business enterprise, trade unions, employers' associations and, in its capacity as regulator and as employer, the state. Hepple - Labour law stems from the idea of "the subordination of the individual worker to the capitalist enterprise"; it is above all the law of dependent labour and hence is specific to those categories of economic relationship which in some way involve the exchange of personal service/s for remuneration. Labour law concerned with how these relationships are constituted, a role which accorded primarily to contract, and with how they are regulated, a role shared by common law, social legislation and extralegal sources like collective bargaining and workplace custom. Kahn-Freund - labour law is more than just the sum of its parts; implies that labour law should embrace "sociology, social policy and the theory of business organisation". Stresses the functional inter-dependence of the positive law with extra-legal sources of regulation, in particular collective bargaining. Although the notion of labour law as the normative framework for the institutions of the labour market has commanded increasing attention in recent years (Davies and Freedland, Collins, Deakin and Wilkinson), it should be borne in mind that other closely related areas of law are also important determinants of labour market outcomes. Social security law - Wikeley and Harris: extends far beyond the employment relationship to embrace many aspects of the relationship between the citizen and the state in the distribution of economic resources. Also company law and taxation law. industrial sociology, labour economics, feminist legal theory and political theory. Individual labour law - relationship of employer and employee Collective labour law - collective bargaining, trade union organisation and industrial action Cannot be adequately considered in isolation from one another e.g. in analysing the individual employment relationship, necessary to take into account influences of norms which are derived from collective soruces e.g. collective bargaining, and the contract of employment plays a fundamental role in relation to the economic torts and other aspects of the law governing industrial action. Labour law: collective bargaining and labour standards Theme - role of collective bargaining in relation to social legislation. Collective bargaining - process of negotiation between an employer and group of employees and one or more trade unions, designed to produce collective agreements.

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